In criminal law, expungement is the process of destroying or sealing a person's criminal record. Not all records can be expunged, and those that do qualify must meet certain legal guidelines. To better understand this aspect of criminal law, below are some important facts to know about when adult and juvenile records can be expunged in North Carolina.

Adult Records

For adult offenders, misdemeanor convictions can be expunged after five years. Felony convictions are eligible for expungement after 10 years, but convictions for violent felonies will likely never qualify for expungement. Another exception is DWI convictions, which remain on criminal records and cannot be expunged. If someone is charged with a crime and found not guilty, they’re typically eligible for expungement immediately after acquittal.

Juvenile Records

North Carolina criminal law considers anyone under the age of 18 to be a juvenile. However, some juveniles charged with serious felonies may be tried as adults, depending on the nature of the crime. For violent crimes charged and convicted under adult statutes, expungement is usually not a possibility. For most other juvenile records, an offender can seek expungement once they reach 18 years old and have been released from the juvenile court jurisdiction for at least 18 months. If a juvenile was charged but not convicted of delinquency, they can seek expungement at 16 years old.

It's important to understand that expungement only prevents the general public from accessing your criminal records. Law enforcement, prosecutors, and courts are still able to retrieve expunged records. To ensure you know your rights and follow the applicable guidelines for expungement, contact The Law Offices of H.A. (Alec) Carpenter IV in Greensboro, NC. Since 1997, Attorney Carpenter has represented clients throughout the Guilford County area. In addition to expungements, he handles all manner of criminal law cases, including assaults, drug offenses, and DWIs. Call (336) 333-5255 or visit his firm's website to schedule a consultation today.